The Community Right to Buy (Abandoned, Neglected or Detrimental Land) (Applications, Ballots and Miscellaneous Provisions) (Scotland) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in connection with the right to buy abandoned, neglected or detrimental land under Part 3A of the Land Reform (Scotland) Act 2003 (“the 2003 Act”) as inserted by section 74 of the Community Empowerment (Scotland) Act 2015.

Part 2 concerns the application required to be submitted by a Part 3A community body that wishes to apply to Ministers for consent to exercise a right to buy under section 97G of the 2003 Act.

Regulation 2 provides that the application must be in the form specified in schedule 1 and include or be accompanied by information of the kind specified in that schedule.

Regulation 3 provides specifications for maps, plans or other drawings submitted with the application specified in schedule 1.

Regulation 4 sets out the manner in which an application for a right to buy under Part 3A must be publicly notified by Ministers as required by section 97G(11) of the 2003 Act. Notification must be by way of an advertisement in a digital or paper edition of a newspaper that circulates in the area where the community is located or by an advertisement on a publicly available webpage or website maintained by Ministers for purposes which include making any applications under Part 3A available for inspection by the public.

Regulation 5 specifies that a notice of Ministers’ decision on an application as required by section 97M(1) of the 2003 Act is to be in the form specified in schedule 2.

Part 3 concerns the ballot that must be held by the Part 3A community body in the six months preceding the submission of an application under Part 3A as required by section 97J(1) of the 2003 Act.

Regulation 6 provides that the ballot must be conducted in a fair and reasonable manner and as a secret postal ballot. It also requires the Part 3A community body to ascertain all eligible voters in the community and send to them a ballot paper containing the question on which the vote is to be taken, the ballot deadline, a stamped addressed envelope and additional information about the Part 3A community body and its proposal.

Regulation 7 specifies that a person eligible to vote in the ballot may request to be permitted a proxy vote and sets out the requirements for making such a request. The Part 3A community body must permit a proxy vote to a person who makes a valid request.

Regulation 8 requires the Part 3A community body to appoint an observer to oversee the counting of the completed ballot papers and the recording of the result. The observer must be an individual who is independent of the Part 3A community body and must sign a declaration that the person observed the counting and recording of the votes. The declaration is contained in schedule 4.

Regulation 9 specifies that the ballot result must be published not later than 14 days after the ballot deadline (as defined by regulation 6(3)(b)). The result must be provided in the form specified in schedule 3 and include information of the kind specified in that schedule. The result must be published in a digital or paper edition of a newspaper circulating in the area where the community is located and on a publicly accessible webpage or website that is operated by or on behalf of the Part 3A community body, if such a webpage or website exists.

Regulation 10 provides that Ministers must be notified of the ballot result as required by section 97J(4) of the 2003 Act in the form specified in schedule 4.

Regulation 11 requires the Part 3A community body to retain evidence:—

• that, in the course of running the ballot, they complied with regulation 6;

• of all requests for a proxy vote and all proxy votes made under regulation 7; and

• all completed and returned ballot papers

for two years after the ballot deadline.

Regulation 12 provides that a Part 3A community body may apply for reimbursement of the expense of conducting a ballot. The application for reimbursement must be made on or after the date on which the application to buy land is made under section 97G of the 2003 Act and before the earliest of the following dates:—

• on the day after the expiry of the time in which an appeal can be lodged under section 97V(6) of the 2003 Act but only where there is no appeal against a Ministerial decision to allow the application;

• where there is an appeal against a Ministerial decision to allow the application, the day on which the sheriff issues a decision but only if the decision is in favour of an appeal;

• the expiry of the period provided under section 97P(1) of the 2003 Act allowed for the Part 3A community body to inform Ministers that it intends to proceed with the purchase after being given consent to do so but only if the Part 3A community body did not notify Ministers and the owner of the land of its intention to proceed to buy the land;

• the date of notice of withdrawal of the application under section 97P(2)(a) of the Act;

• the date of notice of withdrawal of the confirmation of intention to proceed under section 97P(2)(b) of the Act;

• the day on which the Part 3A community body’s application is treated as withdrawn under section 97R(5) of the Act; or

• the day on which the transfer to the Part 3A community body is completed.

Regulation 13 specifies the information that must be included in the Part 3A community body’s application for reimbursement of the expense of conducting the ballot.

Regulation 14 provides that Ministers may, no later than 30 days after an application under regulation 12 is received, request further information from the Part 3A community body. The Part 3A community body then has 7 days in which to respond with the information requested or with an explanation as to why the additional information cannot be provided.

Regulation 15 provides that no later than 60 days after the application under regulation 12 is received, Ministers must calculate the amount, if any, to be reimbursed to the Part 3A community body. Only expenses that were incurred in the conduct of the ballot which are directly attributable to the activities specified in regulation 6 are eligible for reimbursement and only provided that they were not incurred retrospectively.

Regulation 16 provides that a Part 3A community body has the right to appeal a decision of Ministers under regulation 15 to the Lands Tribunal. Any appeal under regulation 16 must be lodged within 28 days from the date that the Part 3A community body receives a decision from Ministers under regulation 15. The Lands Tribunal may make an order requiring Ministers to reimburse a specified amount to the Part 3A community body. There is no right of appeal of a decision under regulation 16.

Regulation 17 extends the types of area that can be used by a Part 3A community body when describing the area of the community to which it relates. Section 97D(9) of the 2003 Act provides that a community is defined by reference to a postcode unit or units or a prescribed type of area (or both such unit and type of area) and regulation 17 sets out that they can also refer to electoral wards, community council areas, postcode areas, postcode districts, postcode sectors, an island or a locality or settlement delineated on the maps included in the Population estimates for Settlements and Localities in Scotland – Mid-2016. There is a weblink for accessing this publication noted in the footnotes.

Regulation 18 provides that the charges for copies of entries from the Register of Applications by Community Bodies to Buy Land kept under section 52(1) of the Land Reform (Scotland) Act 2016 are £30 for an extract of registration or a colour plan and £16 for a plain copy of registration or a black and white plan. These amounts are subject to VAT.

Regulation 19 provides that where a Part 3A community body is liable to pay compensation under section 97T of the 2003 Act and are eligible for a grant towards their liability under section 97U of the 2003 Act that the application for that grant must be in the form specified in schedule 5. An application under this regulation must be submitted within 90 days of the date on which they Part 3A community body and the claimant agreed the amount of compensation payable or the date on which the Lands Tribunal determined a question referred to it as to the amount, if any, of compensation due under section 97T(5) of the 2003 Act. Ministers must acknowledge receipt of an application for a grant made in accordance with regulation 19(1) within 7 days of receiving it and issue their decision within 28 days.